LAWS(RAJ)-1995-11-66

COMMISSIONER OF INCOME TAX Vs. LAKE PALACE HOTELS AND MOTELS PRIVATE LIMITED

Decided On November 14, 1995
COMMISSIONER OF INCOME-TAX Appellant
V/S
LAKE PALACE HOTELS AND MOTELS PVT. LTD. Respondents

JUDGEMENT

(1.) THIS order shall dispose of all the above listed matters which have been referred by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, for opinion of this court since the controversy involved in the above cases is as to whether a cinema building or hotel building is plant or not for the purpose of claiming depreciation.

(2.) IN the case of Lake Palace Hotels and Motels Pvt. Ltd., the INcome-tax Appellate Tribunal has referred the following question of law arising out of its order dated September 2, 1988, in respect of the assessment year 1983-84 under Section 256(1) of the INcome-tax Act, 1961.

(3.) THE word "building" has not been defined under the Income-tax Act but an inclusive definition of "plant" has been given under Section 43(3) as under :